259 S.W.2d 54 (1953) ZURICH FIRE INS. CO. OF NEW YORK v. WEIL. Court of Appeals of Kentucky. June 12, 1953. *55 Earle T. Shoup and W. Pelham McMurry, Paducah, for appellant. Wheeler & Marshall, Paducah, for appellee. CAMMACK, Justice. This is an action by the Zurich Fire Insurance Company, as subrogee of its insured, Ventrelle, against the Irvin Cobb Hotel for damage to the automobile of Ventrelle, a guest at the Hotel. The circuit court, on joint motion of the parties, considered the case...
255 S.W.2d 632 (1953) YOUNT et al. v. CITY OF FRANKFORT. Court of Appeals of Kentucky. February 27, 1953. *633 Hobson & Meigs, Frankfort, for appellants. Frank Dailey, Frankfort, for appellee. SIMS, Chief Justice. This appeal is from so much of a judgment as involves the validity of an annexation ordinance of the City of Frankfort, and a determination of whether KRS 81.190 violates the Constitution of Kentucky and the Constitution of the United States. Frankfort, a third class city, early in...
257 S.W.2d 594 (1953) WOLFORD v. SCOTT NICKELS BUS CO. Court of Appeals of Kentucky. May 1, 1953. Francis M. Burke, Pikeville, for appellant. J. P. Hobson, Jr., and Henry J. Scott, Pikeville, J. Brooks Lawson, Williamson, W. Va., for appellee. DUNCAN, Justice. Appellee, Scott Nickels Bus Company, recovered judgment against Robert Wolford and Omer Wolford for $2,600, representing damages to its bus sustained in a collision with a truck owned by Robert Wolford and driven by Omer Wolford. The...
258 S.W.2d 497 (1953) WILSON v. COMMONWEALTH. Court of Appeals of Kentucky. May 22, 1953. G. D. Milliken, Jr., Bowling Green, for appellant. J. D. Buckman, Jr., Atty. Gen., Squire N. Williams, Jr., Asst. Atty. Gen., for appellee. STEWART, Justice. James A. Wilson was indicted by the Warren County grand jury on a charge of storehouse breaking. He was tried, found guilty and sentenced to one year in the penitentiary. He now appeals, urging two grounds for reversal: (1) That the trial court erred...
258 S.W.2d 468 (1953) WILLIAMS v. WEST. Court of Appeals of Kentucky. March 27, 1953. Rehearing Denied June 19, 1953. *469 Marshall P. Eldred, Brown, Greenebaum & Eldred, Louisville, for appellant. S. Lloyd Cardwell, Rexford L. Hawkins, Louisville, for appellee. DUNCAN, Justice. This appeal presents some novel questions of law and an unfortunate state of facts which deserve our sympathetic consideration. The appellant, Harry V. Williams, and appellee, Mary Shaw Williams West, were formerly...
263 S.W.2d 119 (1953) WILLIAMS et al. v. KIRTLEY. Court of Appeals of Kentucky. December 18, 1953. *120 Stoll, Keenon & Park, Lexington, Abel Harding, Campbellsville, for appellant. Clyde Williams, Jr., Campbellsville, for appellee. SIMS, Chief Justice. This is an appeal from a judgment rendered September 11, 1951, awarding plaintiff $1,500 damages for personal injuries and damages done his automobile resulting from a collision with defendants' truck. The verdict did not separate the damages to...
261 S.W.2d 807 (1953) WILLIAMS v. COMMONWEALTH. Court of Appeals of Kentucky. October 30, 1953. Fred K. Cope, Hazard, for appellant. J. D. Buckman, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., Emmett G. Fields, Whitesburg, for appellee. STANLEY, Commissioner. State patrolmen cruising highway No. 15 one night saw the tracks of an automobile along the side of the road and found it parked partly on and partly off the paved road with Tom Williams asleep at the wheel. They aroused Williams and...
255 S.W.2d 602 (1953) WHITE et al. v. HANKS. Court of Appeals of Kentucky. February 27, 1953. E. W. Draffen and William Wickliffe, Harrodsburg, Major McBrayer, Lawrenceburg, for appellants. John C. Talbott, Lawrenceburg, for appellees. CULLEN, Commissioner. Appealing from a judgment which dismissed their action after a demurrer to their petition had been sustained, the appellants maintain that their petition stated a cause of action and the demurrer should have been overruled. The action was...
254 S.W.2d 720 (1953) W. G. DUNCAN COAL CO. v. JONES. Court of Appeals of Kentucky. January 30, 1953. *722 Duncan, Humphrey, Peabody & Oldham, Louisville, Jarvis & Ross, Greenville, for appellant. W. D. Bratcher, Greenville, for appellee. COMBS, Justice. Plaintiff, Rhea Jones, recovered judgment in the lower court for $500 against the W. G. Duncan Coal Company for damage to crops allegedly caused by the company's deposit of poisonous mine water in a stream which overflows a portion of plaintiff'...
255 S.W.2d 462 (1953) WELLS et al. v. JEFFERSON COUNTY et al. Court of Appeals of Kentucky. February 20, 1953. John L. Knopf, Louisville, for appellants. Lawrence G. Duncan, Ray H. Kirchdorfer and Robert E. Hogan, Louisville, J. D. Buckman, Jr., Atty. Gen., and Squire N. Williams, Jr., Asst. Atty. Gen., for appellee. CULLEN, Commissioner. This appeal raises the question of constitutionality of a 1952 amendment to the Kentucky Workmen's Compensation Act. In a declaratory judgment proceeding...
258 S.W.2d 709 (1953) WASHINGTON NAT. INS. CO. v. BURKE. Court of Appeals of Kentucky. May 29, 1953. Stanley M. Saunier, Jr., Lexington, for appellant. Moloney, Moloney & Hurst, Donald P. Moloney and F. Selvy Hurst, Lexington, for appellee. STANLEY, Commissioner. The question is whether a farm tractor is an automobile within the terms of an insurance policy. The appellant, Washington National Insurance Company, issued a group accident policy to the members of the Blue Grass *710 Automobile Club...
256 S.W.2d 368 (1953) WARREN v. COMMONWEALTH. Court of Appeals of Kentucky. March 20, 1953. *369 Davis Williams, Munfordville, for appellant. J. D. Buckman, Jr., Atty. Gen., and H. D. Reed, Jr., Asst. Atty. Gen., for appellee. SIMS, Chief Justice. Appellant, Adolph Warren, was convicted of grand larceny and his punishment was fixed at confinement in the penitentiary for one year. In asking that the judgment be reversed, he assigns two errors: 1. The Commonwealth's proof did not show the crime...
257 S.W.2d 516 (1953) WARD et al. v. MUSIC. Court of Appeals of Kentucky. January 16, 1953. As Modified on Denial of Rehearing May 1, 1953. *517 Wells & Wells, Paintsville, for appellants. Jasper H. Preece, Inez, for appellee. DUNCAN, Justice. On the afternoon of June 6, 1949, Larry Music, eight years of age, was struck and killed by a truck owned by the appellants and operated by the appellant, James C. Ward. The appeal is from a judgment for $8,000 in favor of the estate of the decedent. The...
261 S.W.2d 444 (1953) VENTERS v. STEWART. Court of Appeals of Kentucky. October 9, 1953. *445 Hobson & Scott, Pikeville, for appellant. Stratton & Stratton, Pikeville, for appellee. STEWART, Justice. This is a suit by Fred A. Stewart, doing business as "Eagle Home Insulation Company" at Ashland, to recover the contract price of $1,383.72 from W. E. Venters of Pikeville which the latter undertook to pay for certain aluminum storm doors and windows Stewart agreed to buy and install in Venters'...
257 S.W.2d 583 (1953) VAUGHN v. JONES. Court of Appeals of Kentucky. May 1, 1953. Waller, Threlkeld & Whitlow, Paducah, for appellant. David R. Reed, Paducah, for appellee. STANLEY, Commissioner. The appellant, Herbert Vaughn, sued the appellee, James Jones, for $500 for damages to his automobile. Jones counterclaimed for $150 damages to his car. The verdict and judgment are for $100 in favor of Jones. The only ground submitted for a reversal of the judgment is that the appellant was entitled...
259 S.W.2d 466 (1953) UNITED FUEL GAS CO. v. SAWYERS. Court of Appeals of Kentucky. June 19, 1953. *467 J. Woodford Howard and Fred Francis, Prestonsburg, for appellant. L. C. Farley, Pikeville, for appellee. STANLEY, Commissioner. The judgment is for $400 damages for the contamination of a water well charged to have been caused by a nearby gas well. We sustain the motion for an appeal. In building a home at a considerable cost near Pikeville in 1941, the appellee, Edgar Sawyers, drilled a well...
261 S.W.2d 686 (1953) UNDERWRITERS FOR LLOYDS OF LONDON et al. v. JONES. Court of Appeals of Kentucky. October 23, 1953. Craft & Stanfill, Hazard, for appellants. Napier & Napier, Hazard, for appellee. MILLIKEN, Justice. The principal questions for decision are whether a taxicab indemnity insurance policy issued pursuant to KRS 281.460 limits the liability of the insurer to: (1) $5,000 for any one accident or (2) $5,000 to each person injured or killed in any one accident. We also must decide...
259 S.W.2d 19 (1953) THE MENGEL CO. v. LEHMAN et al. Court of Appeals of Kentucky. June 19, 1953. James U. Smith, Jr., Louisville, Smith & Smith, Louisville, for appellant. E. R. Gentry, Louisville, Michael M. Hellmann, Louisville, for appellee. STEWART, Justice. This is a compensation case, and it is the contention of Mary K. Lehman that her husband, Oscar Lehman, died as a result of inhaling poisonous gas or fumes while performing a welding operation on January 11, 1951, at the general...
265 S.W.2d 52 (1953) TARRENCE v. COMMONWEALTH. Court of Appeals of Kentucky. December 18, 1953. Rehearing Denied March 19, 1954. *53 Sandy Paniello, Louisville, for appellant. J. D. Buckman, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., for appellee. STANLEY, Commissioner. The story of the murder of Francis J. McCormick is told in the opinion of Tarrence v. Commonwealth, Ky., 265 S.W.2d 40 . This is the appeal of his son, Leonard Tarrence, from a judgment condemning him to death also for his...
265 S.W.2d 40 (1953) TARRENCE v. COMMONWEALTH. Court of Appeals of Kentucky. December 18, 1953. Rehearing Denied March 19, 1954. *44 Sandy Paniello, Louisville, for appellant. J. D. Buckman, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., for appellee. STANLEY, Commissioner. The appellant, Roy Tarrence, and his son, Leonard Tarrence, upon separate trials were convicted of the murder of Francis J. McCormick and sentenced to death. We first consider the appeal of the father. There is no question...
